HIPAA Violations with Paper Records by Business Associate and Sub-Contractor

Posted September 1, 2010 08:15 AM by Jack Anderson CEO Compliance Helper    

Four Massachusetts community hospitals are investigating how thousands of patient health records, some containing Social Security numbers and sensitive medical diagnoses, ended up in a pile at a public dump.  The unshredded records included pathology reports with patients’ names, addresses, and results of breast, bone, and skin cancer tests, as well as the results of lab work following miscarriages.  By Liz Kowalczyk Globe Staff / August 13, 2010

Information Security and Privacy Compliance Work Plan by Rebecca Herold, The Privacy Professor

Posted August 31, 2010 09:55 AM by Jack Anderson CEO Compliance Helper    

The following is a high-level work plan to create an information security and privacy program to meet compliance with HIPAA, HITECH and other regulatory and contractual requirements. The areas listed will vary depending upon the organization’s business model, size, number of geographic locations, other applicable legal requirements, and any other unique factors. Each organization should use this as a starting point and change appropriately for its own unique business situation.

Business Associates Must Comply with Ther HIPAA Contracts, Now!

Posted August 25, 2010 07:47 AM by Jack Anderson CEO Compliance Helper    

"Holding a business associate contractually liable, not only for improper uses and disclosures of PHI, but also for compliance with all other requirements of the Privacy Rule that pertain to the performance of the business associate's contract"  Reinhart Boerner Van Deuren SC

44% of CIOs say Business Associates Not Ready for "Meaningful Use":Pricewaterhouse Coopers Study Shows

Posted August 16, 2010 08:43 AM by Jack Anderson CEO Compliance Helper    

44% of CIOs say they are concerned that the external vendors they rely on in health information exchanges are not prepared for meaningful use implementation according to a survey done by Pricewaterhouse Coopers.

Business Associates Liable for Breach of Their Business Associate Agreements, Effective February 17, 2010

Posted August 11, 2010 12:53 PM by Jack Anderson CEO Compliance Helper    

Consequently, effective Feb. 18, 2010, the HITECH Act makes business associates both contractually liable to a covered entity for breach of the business associate agreement with the covered entity and civilly and criminally liable to the government for violations of those Security Rule requirements and the Privacy Rule's business associate agreement requirements. 

The Politics of Health Care

OCR Issues Proposed Modifications to HIPAA Privacy and Security Rules